SECTION 380.8527. Program Restriction Levels

(a) Purpose. The purpose of this rule is to categorize programs in which TJJD youth may be placed. The categories are based on a youth's access to the general community while in that program. The level of restriction assists TJJD staff in placing youth in the least restrictive, most appropriate placement available.

(b) Definitions. As used in this rule, the following terms have the following meanings.

(1) Self-contained--a 24-hour supervision program in which the treatment, training, and education program is conducted on the premises. A self-contained program does not allow routine, unsupervised access to the community, unless otherwise stated.

(2) Routine, Unsupervised Access to the Community--a privilege offered by some programs whereby a youth may be absent from the program without staff supervision for 48 hours or more per month prior to the youth's last month in the program.

(c) Restriction Levels.

(1) High Restriction--a facility that does not allow routine, unsupervised access to the community and is typically secured by a perimeter fence. For example:

(A) TJJD institutions;

(B) self-contained, residential contract placements; and

(C) state hospitals.

(2) Medium Restriction--any residential program that may provide routine, unsupervised access to the community. For example:

(A) TJJD halfway houses; and

(B) residential contract programs that are not self-contained (e.g., certain substance abuse programs, residential treatment centers, group homes, or organizational foster care).

(3) Minimum Restriction--any residential program that does not provide on-site supervision and allows routine access to the community (e.g., independent living preparation in a structured apartment setting).

(4) Home--the home of the parent, other relative, or individual acting in the role of parent, managing conservator, or guardian, or an independent living arrangement.

Source Note: The provisions of this §380.8527 adopted to be effective December 31, 1996, 21 TexReg 11957; amended to be effective June 21, 1999, 24 TexReg 4463; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127